49 Questions
What is the recommended action for optometrists regarding contact lens compliance?
Request patient sign a prescriber-retained copy of the prescription
What should optometrists do to minimize malpractice risks during exams?
Document IOP and perform eye health exam in contact lens patients
What is essential for optometrists as a defense against malpractice claims?
Documentation of every procedure performed
Which action should optometrists take if a patient refuses to sign a confirmation of prescription release?
Note the refusal and save it to record their compliance
What should optometrists do to confirm that a patient received their prescription?
Signing a separate confirmation statement to acknowledge receipt of the prescription
What is recommended for optometrists in examining contact lens patients?
Measure intraocular pressures on every patient
What is emphasized as a tip to avoid malpractice claims?
Keep proper records
What is the recommended action regarding contact lens compliance according to the FTC rule AOA (June 2020)?
Prescribers must maintain proof that they satisfied the confirmation of prescription release requirement for at least three years
What is the definition of negligence in optometry?
Failure to exercise the standard of care that a reasonable optometrist would have exercised in a similar situation
What does duty in optometry refer to?
The obligation of an optometrist to provide care adhering to the standard of care
What is breach in optometry?
The failure to conform to the standard of care, based on a reasonable optometrist with minimum competency
How is the standard of care in optometry usually defined?
By state laws, regulations, or case law
What does causation in negligence refer to?
The finding of direct or indirect causation of harm to the patient
What is damage in optometry?
Compensable injuries to the patient, including economic and noneconomic damages
What constitutes criminal negligence in optometry?
Conscious, voluntary, and reckless actions or inactions leading to consequences for another party
What is a sample case of negligence in optometry?
An optometrist prescribing glasses without rechecking the prescription, leading to a patient's fall and injuries
What does assault in optometry involve?
The intentional placement of a patient in apprehension of imminent harmful or offensive touching without consent
What does battery in optometry refer to?
The unauthorized harmful or offensive touching of a patient
What was the median malpractice payment reported by optometrists in the study?
$57,500
In the case of Keir vs. the United States, what new standard was mandated by a federal court ruling?
Dilation on nearly every patient
What did the delayed diagnosis of a brain tumor in a 13-year-old girl result in?
Blindness
What did the optometrist fail to perform in the malpractice case involving the delayed brain tumor diagnosis?
Automated visual fields
What was the range of malpractice payments reported by optometrists in the study?
$50 to $2,050,000
What did the delayed diagnosis in the malpractice case lead to?
Irreversible vision loss
What testimony may ophthalmologists provide in malpractice suits against optometrists?
Causation and in optometric failure-to-refer cases
What did the analysis of malpractice payments by optometrists aim to describe?
Characteristics and trends of malpractice payments
What did the malpractice case involving the delayed brain tumor diagnosis highlight the importance of?
Thorough and timely optometric examinations
What is the percentage of malpractice payments by optometrists that were less than $1,000,000?
99%
What are ophthalmologists not considered in comparison to optometrists in terms of providing testimony?
The 'same health profession'
What did the case of Keir vs. the United States and the malpractice case involving the delayed brain tumor diagnosis underscore?
The significant impact of malpractice cases on shaping standards of care in optometry
What did Justice Cardozo's opinion in Schoendorff v. Society of New York Hospital establish?
A physician's duty to obtain patient consent
What must optometrists discuss with the patient before invasive procedures?
The nature, risks, benefits, and alternatives of the procedure
What can lead to liability under negligence if not provided adequately?
Information in written consent
What may lead to liability for assault and battery if not obtained prior to a beneficial procedure?
Informed consent
What reasons may lead to a patient suing an optometrist?
Negligence and battery
What does malpractice insurance typically cover?
Negligent misconduct, not intentional wrongdoing
What do co-management relations between optometrists and ophthalmologists involve?
Joint and several liability
What does vicarious liability hold optometrists responsible for?
The conduct of their employees
What does malpractice insurance typically cover?
Negligent misconduct, not intentional wrongdoing
What are common causes of malpractice claims in optometry?
Failure to diagnose, refer, recognize diseases, and provide continuing care
What do notable malpractice cases in optometry emphasize?
The expected skill level of optometrists
What does malpractice insurance typically cover?
Negligent misconduct, not intentional wrongdoing
What is the standard of care in optometry?
The level of care that an ordinary, prudent optometrist would provide in similar circumstances
What is the definition of malpractice in optometry?
Any act or omission by an optometrist during treatment of a patient that deviates from accepted norms of practice and causes injury to the patient
What does negligence in optometry refer to?
Failure to exercise the standard of care expected of an optometrist
What is the significance of informed consent in optometry?
It ensures that patients are aware of the risks and benefits of treatment before giving their consent
What is the definition of medical malpractice?
Any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient
What is the primary focus of optometry in relation to malpractice prevention?
Recognizing the standard of care in optometry to avoid common mistakes
According to Chris Mazzolini, what proportion of physicians will face a malpractice suit at some point in their career?
Half
Study Notes
Malpractice Cases and Standards of Care in Optometry
- Keir vs. the United States set a precedent by requiring tonometry on every patient, regardless of age, due to an ophthalmologist's failure to perform the test.
- A federal court's ruling in Keir vs. the United States led to a new standard mandating dilation on nearly every patient, influencing future malpractice cases.
- A 13-year-old girl's delayed diagnosis of a brain tumor resulted in blindness, leading to a $9.2 million malpractice award against the optometrist.
- The optometrist in the malpractice case failed to perform automated visual fields when the patient's vision was uncorrectable to 20/20, despite normal fundus exam results.
- The optometrist was found culpable for malpractice in the landmark case, as the delayed diagnosis led to irreversible vision loss.
- Ophthalmologists may not provide standard of care testimony against optometrists, as they are not considered the "same health profession."
- Ophthalmologists may, however, testify about causation and in optometric failure-to-refer cases in malpractice suits.
- A study analyzing malpractice payments by optometrists reported a total of 609 malpractice payments nationally, with a median payment of $57,500 and a mean of $156,055.
- The study found that 99% of malpractice payments by optometrists were less than $1,000,000, with payments ranging from $50 to $2,050,000.
- The analysis aimed to describe characteristics and trends of malpractice payments by optometrists as they assumed increasing prescriptive authority.
- The malpractice case involving the delayed diagnosis of a brain tumor highlighted the importance of thorough and timely optometric examinations, especially when symptoms are of recent onset and visual acuity is uncorrectable.
- The case of Keir vs. the United States and the malpractice case involving the delayed brain tumor diagnosis underscore the significant impact of malpractice cases on shaping standards of care in optometry.
Informed Consent and Malpractice in Optometry
- Justice Cardozo's opinion in Schoendorff v. Society of New York Hospital establishes a physician's duty to obtain patient consent.
- Assault and battery tend to occur together in optometry, requiring informed consent before invasive procedures.
- Optometrists must discuss the nature, risks, benefits, and alternatives of a procedure with the patient.
- Failure to provide adequate information in written consent can lead to liability under negligence.
- Lack of informed consent prior to a beneficial procedure may lead to liability for assault and battery.
- A case example illustrates a patient experiencing adverse effects after a procedure performed without informed consent.
- Reasons for a patient to sue an optometrist include negligence and battery.
- Vicarious liability holds optometrists responsible for the conduct of their employees.
- Co-management relations between optometrists and ophthalmologists involve joint and several liability.
- Malpractice insurance typically covers negligent misconduct, not intentional wrongdoing.
- Common causes of malpractice claims in optometry include failure to diagnose, refer, recognize diseases, and provide continuing care.
- Notable malpractice cases in optometry include Tempchin v. Sampson and Steele v. United States, emphasizing the expected skill level of optometrists.
Test your knowledge of malpractice cases and standards of care in optometry with this quiz. Explore landmark cases, legal precedents, informed consent, liability, and malpractice insurance specific to the field of optometry.
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